ACTIONS OF THE. SECURITYHOLDER AGENT. A decision, act, consent or instruction of the Securityholder Agent shall constitute a decision of all the Shareholders for whom a portion of the Escrow Amount otherwise issuable to them are deposited in the Escrow Fund and shall be final, binding and conclusive upon each of such Shareholders, and the Escrow Agent and Parent may rely upon any such decision, act, consent or instruction of the Securityholder Agent as being the decision, act, consent or instruction of each and every such Shareholder. The Escrow Agent and Parent are hereby relieved from any liability to any person for any acts done by them in accordance with such decision, act, consent or instruction of the Securityholder Agent.
ACTIONS OF THE. BANK The Bank shall follow Instructions received regarding assets held in the Accounts. However, until it receives Instructions to the contrary, the Bank will:
(a) Present for payment any Securities which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation, to the extent that the Bank or Subcustodian is actually aware of such opportunities.
(b) Execute in the name of the Customer such ownership and other certificates as may be required to obtain payments in respect of Securities.
(c) Exchange interim receipts or temporary Securities for definitive Securities.
(d) Appoint brokers and agents for any transaction involving the Securities, including, without limitation, affiliates of the Bank or any Subcustodian.
(e) Issue statements to the Customer, at times mutually agreed upon, identifying the Assets in the Accounts. The Bank will send the Customer an advice or notification of any transfers of Assets to or from the Accounts. Such statements, advices or notifications shall indicate the identity of the entity having custody of the Assets. Unless the Customer sends the Bank a written exception or objection to any Bank statement within sixty (60) days of receipt, the Customer shall be deemed to have approved such statement. In such event, or where the Customer has otherwise approved any such statement, the Bank shall, to the extent permitted by law, be released, relieved and discharged with respect to all matters set forth in such statement or reasonably implied therefrom as though it had been settled by the decree of a court of competent jurisdiction in an action where the Customer and all persons having or claiming an interest in the Customer or the Customer's Accounts were parties. All collections of funds or other property paid or distributed in respect of Securities in the Custody Account shall be made at the risk of the Customer. The Bank shall have no liability for any loss occasioned by delay in the actual receipt of notice by the Bank or by its Subcustodians of any payment, redemption or other transaction regarding Securities in the Custody Account in respect of which the Bank has agreed to take any action under this Agreement.
ACTIONS OF THE. Parties during supply Action Party which does it Giving notice of Delivery Supplier Checking packing and marking before dispatch Supplier Contracting for transport Eskom Pay costs of transport Eskom Arrange access to delivery place Eskom Loading the goods Supplier Unloading the goods Eskom For international procurement Undertake export requirements N/A Undertake import requirements N/A
ACTIONS OF THE. Parties in case of detection of Defects. If any Defects are detected in respect of any Leased Item, the Lessee shall have the right to accept such a Leased Item at its own choice or refuse to accept such a Leased Item. All requirements for the quality of the Leased Item, its completeness, delivery time, etc. shall be presented by the Lessee directly to the relevant Seller.
ACTIONS OF THE. Stockholders' Agents. A decision, act, consent or instruction of the Stockholders' Agents shall constitute a decision of all Company Stockholders for whom shares of Buyer Common Stock otherwise issuable to them are deposited in the Escrow Fund and shall be final, binding and conclusive upon each such Company Stockholder, and the Escrow Agent and the Buyer may rely upon any decision, act, consent or instruction of the Stockholders' Agents as being the decision, act consent or instruction of each and every such Company Stockholder. The Escrow Agent and the Buyer are hereby relived from any liability to any person for any acts done by them in accordance with such decision, act consent or instruction of the Stockholders' Agent.
ACTIONS OF THE. SECURITYHOLDER AGENT. A decision, act, consent or instruction of the Securityholder Agent, consistent with this Section 9.3, shall constitute a decision of all the Shareholders for whom a portion of the Escrow Amount otherwise issuable to them are deposited in the Escrow Fund and shall be final, binding and conclusive upon each such Shareholder, and the Escrow Agent and Acquiror may rely upon any such decision, act, consent or instruction of the Securityholder Agent, consistent with this Section 9.3, as being the decision, act, consent or instruction of each every such Shareholder. The Escrow Agent and Acquiror are hereby relieved from any liability to any person for any acts done by them in accordance with such decision, act, consent or instruction of the Securityholder Agent, consistent with this Section 9.3.
ACTIONS OF THE. Key Officers involving any of the matters enumerated below shall be previously approved upon or pursuant to a majority vote of the Directors (or alternate Directors) present at a meeting of the Board of Directors duly called and held:
(i) the sale, mortgage, charge, lien, pledge or encumbrance of any of the Company's assets unless such assets are sold or financed in the ordinary course of business or the sale is made in connection with the replacement of any assets sold;
(ii) the acquisition or formation of any subsidiary company or joint venture or the making of any investments in any other company or in any business other than in the food or food product irradiation business;
(iii) the incurrence of any indebtedness or financial guarantees on behalf of the Company which is greater than the equivalent in Brazilian currency to US$100,000.00 (one hundred thousand US Dollars);
(iv) the execution of any contract by or on behalf of the Company for any purchases which are outside of the ordinary course of the Company's business, irrespective of the amount involved;
(v) the voluntary discontinuance of a material business activity of the Company or termination of the Company's business;
(vi) any lending by the Company, other than deposits with a banking or financial institution; * Confidential Treatment Requested
ACTIONS OF THE. SECURITYHOLDER AGENT. A decision, act, consent or instruction of the Securityholder Agent shall constitute a decision of all the Company Stockholders for whom a portion of the Escrow Amount otherwise issuable to them is deposited in the Escrow Fund and shall be final, binding and conclusive upon each of such Company Stockholders, and the Escrow Agent and Parent may rely upon any such decision, act, consent or instruction of the Securityholder Agent as being the decision, act, consent or instruction of each and every such Company Stockholder of the Company. The Escrow Agent and Parent are hereby relieved from any liability to any person for any acts done by them in accordance with such decision, act, consent or instruction of the Securityholder Agent. The Company Stockholders agree jointly and severally to indemnify and hold the Securityholder Agent harmless against any and all losses, claims, damages, liabilities, and expenses, including reasonable costs of investigation, counsel fees, and disbursements that may be imposed on Securityholder Agent or incurred by him on behalf of the Company Stockholders in the connection with his actions taken under this Agreement, including without limitation expenses incurred as contemplated by Sections 8.2(f)(iii) and 8.2(i)(ii).
ACTIONS OF THE. Stockholders
ACTIONS OF THE. SECURITYHOLDER AGENT. A decision, act, consent or instruction of the Securityholder Agent shall constitute a decision of all the Shareholders and Contributing Optionholders for whom a portion of the Escrow Amount otherwise issuable to them are deposited in the Escrow Fund and shall be final, binding and conclusive upon each of such Shareholders and Contributing Optionholders, and the Escrow Agent and Parent may rely upon any such decision, act, consent or instruction of the Securityholder Agent as being the decision, act, consent or instruction of each every such Shareholder and Contributing Optionholder. The Escrow Agent, Parent and the Surviving Corporation are hereby relieved from any liability to any person for any acts done by them in accordance with such decision, act, consent or instruction of the Securityholder Agent.
